These Terms and Conditions govern your use of the LimitlessVPN services. By using our services, you confirm that you are at least 18 years of age and agree to comply with the provisions below. If you do not accept any part of these terms and conditions, you must not use the LimitlessVPN services.
TERMS & CONDITIONS
These terms apply to all subscribers of the LimitlessVPN services.
You agree not to violate any laws of any jurisdiction you are originating from or terminating into.
You agree to protect your user id/password (LimitlessVPN ID) and LimitlessVPN services from unauthorized use.You are responsible for all actions that occur on our servers subsequent to a login committed with your LimitlessVPN ID.
THE FOLLOWING ACTIONS ARE ALSO PROHIBITED:
- Using the LimitlessVPN Services in any manner that violates any applicable industry standards, third party policies or requirements that LimitlessVPN may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
- Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using the LimitlessVPN Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, email, voice mail, or faxes.
- Using LimitlessVPN Services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
- Using LimitlessVPN Services to engage in fraudulent activity with respect to third parties.
- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Taking any action to encourage or promote any activity prohibited under this Terms & Conditions.
- Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Downloading and transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
You are also agree NOT to use LimitlessVPN Services to/for:
- scan for open proxies or open relays
- port scanning
- store any data which violate the local laws
- launch any pop-ups from our service
- attack in any way any other computer or network while on LimitlessVPN services
- You agree not to launch any pop-ups from our service.
- You agree not to attack in any way any other computer or network while on LimitlessVPN services.
1. AGE RESTRICTION
Subscribers affirm that they are either at least eighteen (18) years of age, or an emancipated minor, or are in possession of legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.
2. SERVICE QUALITY AND LIMITATIONS (SERVICE LEVEL AGREEMENT)
Actual service coverage, speeds, locations and quality may vary. The LimitlessVPN services will attempt to be available at all times except for any limited periods required for technical maintenance and repair. However, the LimitlessVPN services may be unavailable due to a variety of factors beyond our control, including emergency situations, transmission, third party service failures, equipment or network problems or limitations, interference and signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of any interruptions or performance issues with the LimitlessVPN services or communications services or networks (e.g., T-1 lines or the Internet). We may impose limits on LimitlessVPN services usage, suspend LimitlessVPN services, or block certain kinds of usage in our sole discretion to protect users or the LimitlessVPN service. Network speed is not limited by the LimitlessVPN services within any of our accounts (trial or subscribed) or by the physical location of your server. Your current network speed may vary based on configuration, compression, network congestion, server load and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
LimitlessVPN services also allow end users to enter, store, secure, back up and restore confidential and sensitive "DataRecords" on computers and mobile devices for the purpose of accessing this information and protecting it from the public. DataRecords is a term that applies to short strings of data that are critical to end users (e.g. Social Security Numbers, Bank Account Numbers, Website Login ID's / Passwords, Vendor Account Numbers, Financial Routing Information, Private Phone Numbers, Alarm Codes and Confidential / Privileged Notes) or private files (e.g. media, documents and so on). LimitlessVPN services use one of the most advanced and strong encryption algorithms AES256-bit cipher, which is approved for export by the U.S. Department of Commerce Bureau of Industry and Security under license #5D992.
3. COPYRIGHT, PATENT AND TRADEMARK INFORMATION
Copyright© 2018 LimitlessVPN All Rights Reserved. Patents applied for and pending. LimitlessVPN services, client apps, and the information that they contain, are the property of LimitlessVPN and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of LimitlessVPN, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of LimitlessVPN's trademark or other intellectual property rights concerning that name or logo.
4. USAGE RESTRICTIONS
Your registered account is intended for your sole use.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
a. The LimitlessVPN services may only be used for lawful purposes.
b. You hereby understand that upon using the Software, you will be required to create a "LimitlessVPN ID." Which consists of your email and selected password. The LimitlessVPN ID will be used by you and only you and will provide you the access to all supported LimitlessVPN services and apps. You shall not share the password from your LimitlessVPN ID with any employee, agent, officer or director of LimitlessVPN or anyone else.
c. LimitlessVPN, will not under any circumstances, have access to the password of your LimitlessVPN ID or the data stored in your local databases or their server backup copy.
d. If you lose or forget the password from your LimitlessVPN ID, LimitlessVPN will not be able to assist you in gaining access to your data since LimitlessVPN does not have access to or knowledge of your password. It is your obligation to remember your password since it is required to gain access to your LimitlessVPN ID and all related data.
6. CONTENT/USAGE DISCLAIMER
We log only access attempts to our servers (for security and troubleshooting), user session durations and the bandwidth used (for purposes of providing detailed information intended solely for each concrete user) and user clicks made to our software (to track popularity and assist in application and service improvements). We do not get involved in any form of censorship. We do not give your personal information to any third parties. We do not cooperate with any requests for information, unless ordered to by a court of competent jurisdiction (the vast majority of information requests would not be from a court of competent jurisdiction). Our system is set to protect you to the maximum possible level. We fully respect the hundreds of good reasons for remaining anonymous. Hacking, cracking, fraudulent activities, the distribution of viruses, phishing, network sabotage and/or any conduct deemed illegal or unwanted will be subject to immediate suspension or the termination of your account. Users are responsible for the proper secure configuration of their services and are responsible for any damage caused by their neglect or exposure of vulnerabilities whether intentional or unintentional. In case users are suspected of activities, which are declared illegal by the laws of countries where the local LimitlessVPN servers are hosted, we may log information, which is necessary to prove the user’s innocence and protect our service. This logging of data will be only partial and we will not collect any user’s private data. It will be terminated when all necessary proofs are collected.
LimitlessVPN has a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions. Along with the ZERO TOLERANCE policy, clients who materially breach the terms and conditions will have their account deleted without any refund. Additionally, the Client understands that LimitlessVPN expressly reserves the right to hold the client or any third-party using the service on the client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to, attorney’s fees, fees for expert witnesses, court costs, and other charges.
8. RIGHT TO DISABLE ACCESS
LimitlessVPN, at its own discretion, may immediately disable your access to the LimitlessVPN services without notice if LimitlessVPN believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
9. RESTRICTIONS AND RESPONSIBILITIES
9.1. No Rights in Software
This is an Agreement for you to use the Software, which provides you the access to LimitlessVPN services. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by LimitlessVPN in connection with the Software without preliminary written agreement with the LimitlessVPN Violation of these restrictions may result in the termination of this Agreement.
9.2. Permitted Use of the Software
The Software shall be used for your internal business (which includes civil or charitable) purposes only. If you are using the Software in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software, then you hereby covenant that, prior to engaging in such activities, you will first request that LimitlessVPN perform such work at its standard professional services rates. LimitlessVPN can then decide either: (i) to perform the work in order to achieve such interoperability and charge its standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities, despite a contractual prohibition on such activities.
9.3. Compliance with Laws; Monitoring
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.
You hereby agree to defend, indemnify and hold harmless LimitlessVPN, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that LimitlessVPN has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
9.5. Your Information
Using the varied features of the LimitlessVPN services and client software, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to LimitlessVPN LimitlessVPN may use this information and any technical information about your use of the Software to improve its appearance for you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of LimitlessVPN, LimitlessVPN may share your information with the marketing partner and the marketing partner may share related information with LimitlessVPN LimitlessVPN will not provide your contact information to companies you have not authorized for that purpose unless required by law.
9.6. Intellectual Property Rights in Your Content
You agree that you will not upload or transmit any contact lists, communications or content of any type to LimitlessVPN or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting any ideas, concepts, inventions, or content to LimitlessVPN or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to LimitlessVPN or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you make any submission to LimitlessVPN or if you submit any text, pictures, graphics, videos, business information, idea or concept to LimitlessVPN by email, without preliminary notification of confidentiality, you automatically grantor warrant that the owner of such content or intellectual property has expressly granted LimitlessVPN a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by notifying LimitlessVPN Customer Support in writing or by manual deleting your account from your account at LimitlessVPN.com. LimitlessVPN may delete all of your archived data on its servers within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
11. WARRANTY DISCLAIMER; REMEDIES
USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. LimitlessVPN DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND LimitlessVPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for LimitlessVPN to use commercially and timely reasonable efforts to adjust or repair the Software. LimitlessVPN regularly makes fixes, enhancements and upgrades to its Software for the benefit of all members.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LimitlessVPN OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " LimitlessVPN " BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF LimitlessVPN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, LimitlessVPN IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF LimitlessVPN TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY LimitlessVPN TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13. RESTRICTED PERSONS; EXPORT OF SOFTWARE OR TECHNICAL DATA
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify LimitlessVPN within twenty-four (24) hours, and LimitlessVPN shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to LimitlessVPN You agree that you shall not use the Software to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Software, or any direct Software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
14. LINKS TO THIRD-PARTY WEB SITES
This Software permits users to link to non- LimitlessVPN, third-party web sites. These links are provided to you as a convenience, and LimitlessVPN is not responsible for the content of any linked web site. Any non- LimitlessVPN web site accessed from this web site is independent from LimitlessVPN, and LimitlessVPN has no control over the content of that web site. In addition, a link to any non- LimitlessVPN web site does not imply that LimitlessVPN endorses or accepts any responsibility for the content or use of such web site.
15. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by LimitlessVPN of that third party or of any Software or service provided by a third party.
16. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials accessible on or from LimitlessVPN's websites infringe your copyright, you may request removal of those materials (or access thereto) from the web site by contacting LimitlessVPN Customers Support (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringed and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
LimitlessVPN Customers Support may be reached via email: [email protected] an effort to protect the rights of copyright owners, LimitlessVPN maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
17.1 If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
17.2 LimitlessVPN and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
17.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind LimitlessVPN in any respect whatsoever.
17.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
If you have any questions about the rights and restrictions above, please contact LimitlessVPN by email at [email protected]